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provides a new process to compel the attendance of the accused when a direct indictment has been filed. It replaces the complex processes in sections 66 and 67 of the Magistrates' Court Act 1989 and the need for a Notice of Trial. If a direct indictment is filed, the DPP can apply to the court for the issue of a summons or a warrant to arrest the accused in order to compel the attendance of the accused. On an application for a summons or warrant, the court must, if satisfied that the charge discloses an offence known to law, issue a summons or a warrant. Subclause (3) prohibits the court from issuing a warrant to arrest in the first instance unless satisfied by sworn evidence that—
it is probable that the accused will not answer a summons; or
the accused has absconded, is likely to abscond or is avoiding the service of a summons that has been issued; or
a warrant is required or authorised by another Act or for other good cause.
Clause 359 provides that an arrested person must, if practicable, be brought before the court which issued the warrant. Clause 330(4), which applies across the Bill, also authorises a court to issue a warrant whenever an accused fails to attend court when required to do so.